Archives

Archives / 2016 / February
  • The continued holiday pay saga: Commission

    Tags: Holiday Pay, Employment Tribunal, Employment

    The Employment Appeal Tribunal has confirmed in the long-running case of Lock v British Gas Trading Ltd, which was first brought to tribunal in April 2012 that employers will have to pay commission as part of holiday pay.

    You may all recall (or not) the case involved a salesman, Mr Lock, whose pay was split into basic salary and commission. The commission was naturally based on the number of sales achieved which varied each month. Mr Lock had taken two weeks annual leave in December 2011 and so was not able to conclude any sales during that time. When it came for his holiday pay calculation to be made, his employer only took his basic salary into account.

    Mr Lock argued that this was a discouragement to taking annual leave and thus lodged a claim with an employment tribunal, which … more

  • Two Easter Bank Holidays in One Leave Year

    Tags: Holiday Pay, Employment Law, Employment Tribunal

    Employees are entitled to a minimum of 5.6 weeks’ annual leave under the Working Time Regulations (WTR). For those working a 5 day week they will be entitled 28 days’ leave per year, which can include bank holidays, of which there are usually eight per year.

    If employers have worded contracts entitling employees to “20 days’ holiday plus bank holidays”, this could lead to one of two problems, where the holiday year runs from 1 April until 31 March. Either employees receive more bank holidays than their contractual entitlement or less than the statutory minimum.

    To illustrate this point, this year the Easter Bank Holidays are on 25 and 28 March and last year it was on the 3 and 6 April, meaning that within one holiday year there are two Easter breaks. This … more

  • Ten things to do when your employee tells you she is pregnant

    Tags: Pregnancy Discrimination, Pregnancy Harassment, Pregnancy Victimisation, Employment Law, Employment Tribunal

    Your employee announces that she is pregnant, after congratulating her, you wonder what your legal obligations are. Well wonder no further, here are ten things you must do to avoid any pregnancy discrimination allegations.  

    1.    Comply with any company policies relating to pregnancy.

    2.    Carry out a risk assessment to ascertain any risks to your employee’s health and safety or that of her child. Risks could be caused by: heavy lifting or carrying; standing or sitting for long periods without adequate breaks; exposure to toxic substances; or long working hours. If risks have been identified you must take reasonable steps to remove them or make alternative arrangements.

    3.    Allow paid time off to attend ante-natal … more

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  • Seasonal Workers: Key Contractual Issues for Employers

    Tags: Employment Status, ukemplaw, Seasonal Workers, Contractual Issues, Fixed-term, Pat-time, Casual workers, Agency workers, Young persons, EmploymentLaw

    In sectors such as hospitality, tourism, retail and agriculture, seasonal peaks can bring an influx of work at certain times of the year. A common solution for employers in these sectors is to recruit additional employees during these periods. Below we set out the key contractual considerations for employers to bear in mind when hiring seasonal employees. 

    Fixed-term employees

    An individual recruited to cover seasonal work may be taken on for a limited period of time. A fixed-term contract is therefore often used, with that contract ending on a specific date or on completion of a particular project.

    An individual employed on a fixed-term contract is protected against less favourable treatment compared to permanent employees. For example, if an employer excludes the fixed-term … more

    

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